Amanda Hudson Beck, a Minor, by John H. Chain, Her Next Friend v. Susan Leslie Thompson, of the Estate of James P. Thompson, Deceased

Following my review of the evidence presented to the trial court through live testimony and deposition testimony, I am left with the firm conviction that the trial court committed clear error and should be reversed because it analyzed Thompson’s conduct against that of a reasonably prudent pilot under dissimilar circumstances.

The District Court held that VFR conditions constituted the same or similar circumstances to Thompson’s flight. Thompson’s conduct should have been contrasted to that of a reasonably prudent pilot under the circumstances of a cross-country, midwinter, VFR, nightime…